Special Committee on Navigability and Drainage Ditches
Chair: Sen. Alan Lasee
Legislative Council Staff:
David L. Lovell and Rachel Letzing
Member List The current definition of navigability is a
combination of statutes and Wisconsin court decisions. Some
elements of the current test of navigability are quantitative or are
based on factual observations by the DNR. The special committee is
directed to review methods to clarify “navigability” as defined in
statutes and administrative rules, with a focus on how the
definition of navigability impacts the regulation of drainage
ditches and ditches with no stream history. The committee is to
review the methods the DNR uses to determine navigability.
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Results
of JLC Meeting
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Proposed
Report to the Legislature
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WLC: 0065/2, relating to
appeals from the determination that a stream is
navigable, mapping of navigable streams, the exemption
for certain drainage ditches from certain permit
requirements, and notices in forms for building permit
applications and for offers to purchase real property
regarding wetlands and navigable streams and requiring
rule-making
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WLC: 0091/1, relating to
creating a presumption of reasonableness for drainage
district board orders
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- Memo No. 1,
Current Law Relating to the Definition of
Navigability and Agricultural Drainage (January
17, 2007)
- WLC: 0065/1,
relating to appeals from the determination that a
stream is navigable and the mapping of navigable
streams
- Draft
language distributed by Representative Sheryl Albers
- Draft
language distributed by Representative Sheryl Albers
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